EPA v. AGROFERT USA, INC.

Case summary

3/8/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,660 DUE WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 24, 2011, EPA MAILED AN INFO REQUEST LETTER (IRL) TO RESPONDENT'S PLACE OF BUSINESS REQUESTING RESPONDENT TO PROVIDE RECORDS THAT WOULD ENABLE EPA TO DETERMINE RESPONDENT'S COMPLIANCE WITH TSCA SECTIONS 4, 5, 8, 12, AND 13. THE IRL WAS MAILED AS AN ALTERNATIVE TO AN ONSITE INSPECTION PURSUANT TO SECTION 11(a) OF TSCA. ON JULY 13, 2011, RESPONDENT SUBMITTED A WRITTEN RESPONSE TO THE IRL. BASED ON THE RECORDS THAT WERE PROVIDED TO EPA REGION 4, EPA DETERMINED THAT RESPONDENT IMPORTED GREATER THAN 100,000 POUNDS OF CHEMICALS D AND E (CBI DELETED) IN 2005. CHEMICALS D AND E WERE ON THE TSCA MASTER INVENTORY AT THE BEGINNING OF THE INVENTORY UPDATE REPORT (IUR) PERIOD (AUG 25, 2006 THRU MARCH 23, 2007) AND WERE NOT EXCLUDED FROM THE 2006 IUR. PURSUANT TO 40 CFR 710.45, ANY CHEMICAL SUBSTANCE WHIC IS ON THE TSCA MASTER INVENTORY AT THE BEGINNING OF THE IUR PERIOD AND WAS NOT EXCLUDED FROM REPORTING PURSUANT TO 40 CFR 710.46 IS SUBJECT TO THE REPORTING REQUIREMENTS SET FORTH AT 40 CFR 710, SUBPART C. CHEMICALS D AND E WERE SUBJECT TO THE 2006 IUR. DURING THE REPORTING PERIOD, RESPONDENT FAILED TO SUBMIT A 2006 IUR FOR CHEMICALS D AND E. PURSUANT TO 40 CFR 710.1(c), TSCA 15(3), MAKES IT UNLAWFUL FOR ANY PERSON TO FAIL OR REFUSE TO SUBMIT INFORMATION REQUIRED UNDER THE REPORTING REGULATIONS.

Defendants (1)

• AGROFERT USA, INC (SB)Named in complaintNamed in settlement

Facilities (1)

• AGROFERT USA, INC.

  463 JOHNNY MERCER BLVD. B-7 #294, SAVANNAH, GA, 31410

  Registry ID: 110043720113

Statutes cited

• TSCA 8B — Failure To Comply With Invention Update Rule

Enforcement conclusions (1)

• AGROFERT USA, INC.entered 2012-03-08

  Primary law: TSCA

  Federal penalty: $30,660

Timeline (4 milestones)

• 2012-03-08Final Order Issued
• 2012-03-08Complaint Filed/Proposed Order
• 2012-03-15Enforcement Action Data Entered
• 2012-05-03Enforcement Action Closed